00 CS FOR SENATE BILL NO. 235(CRA) 01 "An Act relating to shipping, sending, transporting, or bringing alcohol to a local option 02 area and providing alcohol to others in the local option area, including penalties for 03 violations; relating to when a conviction occurs for certain purposes relating to alcoholic 04 beverage licenses; relating to manslaughter as a direct result of ingestion of alcoholic 05 beverages brought in violation of a local option prohibition; relating to reports of the 06 court concerning certain alcohol violations by minors; making conforming amendments; 07 and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09  * Section 1. AS 04.11.150(h) is amended to read: 10 (h) A package store licensee, agent, or employee may not 11 (1) divide or combine shipments of alcoholic beverages so as to 12 circumvent the limitation imposed under (g) of this section; [OR] 13 (2) in response to a written order, ship alcohol to a purchaser at an 01 address other than the address where the purchaser resides or, if the purchaser resides 02 in a municipality or established village that has adopted a local option under 03 AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2) for which a community delivery site has 04 been designated under AS 04.11.491(f), to an address other than that community 05 delivery site except as provided by AS 04.11.491(f)(1) and (2); or  06 (3) ship alcohol in a plastic container to a person who resides in a  07 municipality or established village that has adopted a local option under  08 AS 04.11.491(a)(1), (2), or (3) or (b)(1) or (2), unless the shipment is to a  09 community delivery site designated under AS 04.11.491(f). 10  * Sec. 2. AS 04.16.180(c) is amended to read: 11 (c) In this section, the terms "second conviction" and "third conviction" 12 include only convictions for violations that occur within five years of the first 13 conviction. The terms refer to the cumulative number of convictions of a licensee of 14 any combination of violations of the provisions of this title, regulations adopted under 15 this title, or ordinances adopted under AS 04.21.010. The terms "second conviction" 16 and "third conviction" include a conviction of the agent or employee of a licensee of a 17 violation of a law, regulation, or ordinance if the conviction constitutes a ground for 18 suspension or revocation under AS 04.11.370(a)(5). A conviction occurs on the date  19 that sentence is imposed for the offense. 20  * Sec. 3. AS 04.16.200(e) is amended to read: 21 (e) A person who sends, transports, or brings alcoholic beverages into a 22 municipality or established village in violation of AS 04.11.499(a) is, upon conviction, 23 (1) except as provided in (3) of this subsection, guilty of a class A 24 misdemeanor if the quantity of alcoholic beverages is less than 10 and one-half liters 25 of distilled spirits, 24 liters of wine, or 12 gallons of malt beverages; [OR] 26 (2) guilty of a class C felony if the quantity of alcoholic beverages is 27 10 and one-half liters or more of distilled spirits, 24 liters or more of wine, or 12 28 gallons or more of malt beverages; or  29 (3) guilty of a class C felony if the quantity of alcoholic beverages  30 is less than 10 and one-half liters of distilled spirits, 24 liters of wine, or 12 gallons  31 of malt beverages and the person has been previously convicted under this  01 subsection or (b) of this section two or more times within 10 years of the date of  02 the present offense. 03 * Sec. 4. AS 04.16.200 is amended by adding new subsections to read: 04 (g) Upon conviction of a class A misdemeanor under (e)(1) of this section, the 05 court 06 (1) shall impose a minimum sentence of imprisonment of 07 (A) not less than 72 consecutive hours and a fine of not less 08 than $1,500 if the person has not been previously convicted; 09 (B) not less than 20 days and a fine of not less than $3,000 if 10 the person has been previously convicted once; 11 (C) not less than 60 days and a fine of not less than $4,000 if 12 the person has been previously convicted twice and is not subject to 13 punishment under (h) of this section; 14 (D) not less than 120 days and a fine of not less than $5,000 if 15 the person has been previously convicted three times and is not subject to 16 punishment under (h) of this section; 17 (E) not less than 240 days and a fine of not less than $6,000 if 18 the person has been previously convicted four times and is not subject to 19 punishment under (h) of this section; 20 (F) not less than 360 days and a fine of not less than $7,000 if 21 the person has been previously convicted more than four times and is not 22 subject to punishment under (h) of this section; 23 (2) may not 24 (A) suspend execution of sentence or grant probation except on 25 the condition that the person 26 (i) serve the minimum imprisonment under (1) of this 27 subsection; and 28 (ii) pay the minimum fine required under (1) of this 29 subsection; or 30 (B) suspend imposition of sentence. 31 (h) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this 01 section, the court 02 (1) shall impose a fine of not less than $10,000 and a minimum 03 sentence of imprisonment of 04 (A) 120 days if the person has been previously convicted twice; 05 (B) 240 days if the person has been convicted three times; 06 (C) 360 days if the person has been previously convicted four 07 or more times; 08 (2) may not 09 (A) suspend execution of sentence or grant probation except on 10 the condition that the person 11 (i) serve the minimum imprisonment under (1) of this 12 subsection; and 13 (ii) pay the minimum fine required under (1) of this 14 subsection; or 15 (B) suspend imposition of sentence. 16 (i) The court shall consider the date of a previous conviction as occurring on 17 the date that sentence is imposed for the prior offense. 18  * Sec. 5. AS 11.41.120(a) is amended to read: 19 (a) A person commits the crime of manslaughter if the person 20 (1) intentionally, knowingly, or recklessly causes the death of another 21 person under circumstances not amounting to murder in the first or second degree; 22 (2) intentionally aids another person to commit suicide; [OR] 23 (3) knowingly manufactures or delivers a controlled substance in 24 violation of AS 11.71.010 - 11.71.030 or 11.71.040(a)(1) for schedule IVA controlled 25 substances, and a person dies as a direct result of ingestion of the controlled substance; 26 the death is a result that does not require a culpable mental state; or 27 (4) violates AS 04.11.010 in an area that the person knows has  28 adopted a local option under AS 04.11.491, and a person dies as a direct result of  29 ingestion of the alcoholic beverage brought in violation of the local option; the  30 death is a result that does not require a culpable mental state [IN THIS 31 PARAGRAPH, "INGESTION" MEANS VOLUNTARILY OR INVOLUNTARILY 01 TAKING A SUBSTANCE INTO THE BODY IN ANY MANNER]. 02 * Sec. 6. AS 11.41.120 is amended by adding a new subsection to read: 03 (c) In this section, "ingestion" means voluntarily or involuntarily taking a 04 substance into the body in any manner. 05  * Sec. 7. AS 28.15.191(a) is amended to read: 06 (a) A court that convicts a person of an offense under this title or a regulation 07 adopted under this title, or another law or regulation of this state, or a municipal 08 ordinance that regulates the driving of vehicles, or a violation of AS 04.16.050 shall 09 forward a record of the conviction to the department within five working days. A 10 conviction of a standing or parking offense need not be reported. 11  * Sec. 8. AS 28.35.028(a) is amended to read: 12 (a) Notwithstanding another provision of law, with the consent of the state and 13 the defendant, the court may elect to proceed in a criminal case under AS 04.16.200(b)  14 or (e), AS 28.35.030, or 28.35.032, including the case of a defendant charged with 15 violating the terms of probation, under the procedure provided in this section and 16 order the defendant to complete a court-ordered treatment program. The state may not 17 consent to a referral under this subsection unless the state has consulted with the 18 victim and explained the process and consequences of the referral to the victim. A 19 court may not elect to proceed under this section if the defendant has previously 20 participated in a court-ordered treatment program under this section two or more 21 times. 22 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. (a) Sections 1, 5, and 6 of this Act apply to offenses committed on 25 or after the effective date of this Act. 26 (b) Section 2 of this Act applies to convictions occurring before, on, or after the 27 effective date of this Act. 28 (d) Sections 3 and 4 of this Act apply to offenses committed on or after the effective 29 date of this Act. Any references in those sections to previous convictions include previous 30 convictions occurring before, on, or after the effective date of this Act. 31 (e) Sections 7 and 8 of this Act apply to actions taken by a court on or after the 01 effective date of this Act, regardless of whether the offense occurred before, on, or after the 02 effective date of this Act. 03  * Sec. 10. This Act takes effect July 1, 2008.